Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2169 of 2019 Petitioner :- Smt. Rashda Khanam And 3 Others Respondent :- Mohd Ashik Ali Counsel for Petitioner :- Syed Badshah Husain Naqvi,S.M. Iqbal Hasan
Hon'ble Vivek Kumar Birla,J.
Supplementary affidavit filed today is taken on record. Heard learned counsel for the petitioner.
Present writ petition has been filed seeking setting aside of the impugned order dated 1.2.2019 passed by the District Judge, Kannauj in Civil Revision No. 06 of 2018 as well as order dated 26.10.2017 passed by the Civil Judge (Senior Division), Kannauj in Original Suit No. 187 of 2006, filed as Annexures 7 and 4 respectively to the writ petition.
By the order dated 26.10.2017 the trial court rejected the amendment application filed by the petitioner under Order VI Rule 17 read with Section 151 CPC on the ground that no specific date has been mentioned in the amendment application and the same has been sought after about nine years when the evidence of the plaintiff is over. The revision filed against the same was also dismissed.
Submission of learned counsel for the petitioner is that for proper adjudication of the case the amendment should have been allowed and that the amendment would not change the nature of the suit.
I have considered the submissions and have perused the record.
Admittedly, the amendment was sought after commencement of the trial as provided under Order VII Rule 17 CPC. I do not find any good ground to interfere in the order impugned herein.
This writ petition is, accordingly, dismissed. No order as to costs.
Order Date :- 25.4.2019 p.s.